SULC Sub Committee

State Use Law Subcommittee Minutes for October 18, 2012

PresentAbsent

Tom Burns Diane Bingham

Connie HughesRobert Doyle

Andrew Kerber

Roger Levy

Ava Patrick

Dean Stotler

Lauren Williams

Chair called the meeting for the subcommittee to order.

1. Purpose of the Sub-Committee as defined in the State Use Law
2. Purpose of this subcommittee is found in the State Use Law, section 9604(c). The statutory subcommittee convened to discuss policies and protocols to ensure that the Commission operates in full compliance with law.

1. Current processes:

Dean Stotler went over the following:

1. Set Aside Process flowchart - http://gss.omb.delaware.gov/contracting/documents/set_aside_flowchart.pdf
2. General Rules and Guidelines - http://gss.omb.delaware.gov/contracting/documents/set_aside_exhibit_a.pdf

1. Recommended revision(s) to current process:

Under General Rules and Guidelines the discussion to change wording in section B1, Certification of Cost Analysis Format, it had been suggested to remove having to review cost analysis and instead using an affidavit be put in its place that would meet the conditions of the code. Roger Levy explained that section B1 originally was written for DIB who at one time was the only set-aside that did trophies. Now that set-asides have increased over the years and section B3, Competitive Pricing, should cover the requested information. It is understood that janitorial services are hard to price for fear of a vendor low-balling the price on purpose. Currently, bids are compared to those vendors that are providing services and are able to work the set-aside. It has been recommended that the affidavit would be used for price changes and modifications and need to be certified and notarized to meet the requirements of section B1. Section B3 and B4 acknowledge why there would be a need for a price change and record of the change. It was also suggested by Mr. Stotler that in section B4, one of the criteria’s should be number of employees that will provide the service. Section C, VIII, a discussion of a formal process should be put in the General Rules and Guidelines to address any complaints and corrective actions for a set-aside and a list of steps that were taken especially if the commission deems to removed a product or service from the Procurement List.

1. Next steps:

Changes/revisions will be discussed with the full Commission at next meeting.